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Glossary -Continued: Q - S
Legalman 3 & 2 - Navy Lawyer / Jag training guide manuals
Glossary -Continued: T - W
Fleet Reserve or Retired List, release from custody and control of the military services, transfer to the Individual  Ready  Reserve,  and  similar  changes  in active or Reserve status. SEPARATION   AUTHORITY—Chief   of   Naval Personnel is authorized to take final action with respect to the specified types of separation, or any officer   so   designated   by   the   Chief   of   Naval Operations. The Secretary of the Navy is separation authority for release from active duty of member of the Reserve components who are within 2 years of eligibility  for  retirement  or  retainer  pay.  The separation  authority  for  active  duty  members  being involuntarily  separated  who  have  18  years  or  more service is the Chief of Naval Operations. SERIOUS  OFFENSE—Offenses  under  the  UCMJ  for which a punitive discharge is authorized by the Manual  for  Courts-Martial. SET ASIDE—Action by proper authority voiding the proceedings  and  the  punishment  awarded  and restoring  all  rights,  privileges,  and  property  lost  by virtue  of  the  punishment  imposed. SIMPLE NEGLIGENCE—The absence of due care; for example, an actor omission by a person who is under a duty to use due care that exhibits a lack of that degree of care for the safety of others that a reasonably  prudent  man  would  have  exercised under the same or similar circumstances. SLIP  LAW—The  first  officially  published  form  of congressional legislation. The main purpose of a slip law publication is speed. Slip law is normally available long before bound volumes containing the legislation  are  published  and  disseminated. SOLICITATION—Any statement, oral or written, or any other act or conduct, either directly or through others,  that  may  reasonably  be  construed  as  a serious  request  or  advice  to  commit  a  criminal offense. SPECIAL  COURT-MARTIAL—The  intermediate  of the three types of court-martial. SPECIFICATION—A  formal  statement  of  specific acts and circumstances relied upon as constituting the  offense  charged. SPONTANEOUS  EXCLAIMATION—An  utterance concerning  the  circumstances  of  a  startling  event made by a person while he or she was in such a condition of excitement, shock, or surprise, caused by his or her participation in or observation of the event, as to warrant a reasonable inference that he or she made the utterance as an impulsive and instinctive outcome of the event, and not as a result of deliberation or design. STAFF  JUDGE  ADVOCATE—A  certified  military lawyer  attached  to  the  staff  of  a  convening  or supervisory   authority   who   exercises   general court-martial  jurisdiction. STATUTE  OF  LIMITATIONS—The  rule  of  law  that, unless waived, establishes the time within which an accused must be charged with an offense to be tried successfully. STIPULATION—An agreement between the trial and defense counsel, to which the accused agrees, as to the existence or nonexistence of any fact or the content of the testimony that an absent witness would  give  if  he  or  she  were  present  in  the proceedings. STRAGGLE—To wander away, to rove, to stray, to become separated from, or to lag or linger behind. STRIKE—To deliver a blow with anything by which a blow can be given. SUBPOENA—A formal written instrument or legal process  that  serves  to  summon  a  witness  to  appear before a certain tribunal and to give testimony. SUBPOENA  DUCES  TECUM—A  formal  written instrument  or  legal  process  that  commands  a witness who has in his or her possession or control some  documents  or  evidentiary  object  that  is pertinent to the issues of a pending controversy to produce it before a certain tribunal. SUBSCRIBE—To write one’s signature on a written instrument as an indication of consent, approval, or attestation. SUBSTANTIVE LAW—That portion of the body of law that contains rights and duties and regulation of the  government. SUMMARY COURT-MARTIAL—The lowest of the three  types  of  court-martial. SUPERIOR   COMMISSIONED   OFFICER—A commissioned officer who is superior in rank or command. SUPERVISORY   AUTHORITY—An   officer exercising  general  court-martial  jurisdiction  who acts as reviewing authority for SCM and SPCM records after the convening authority has acted. AII-12

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